Loading...
HomeMy WebLinkAbout1992_04_29 Zoning Board of Appeals Minutes DeAr7--- MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK APRIL 29, 1992, IN THE COURT ROOM, TOWN CENTER 740 WEST BOSTON POST ROAD 4 MAMARONECK, NEW YORK RECEIVED Present: Joel Negrin, Chairman MAY 4 1992PATRICIAA.DiCP000IO Thomas E. Gunther TOWN CLERK Patrick E. Kelleher V�AMARONECK J. Rend Simon N.Y. Arthur Wexler Also Present: Nancy Rudolph, Counsel William E. Jakubowski, Building Inspector Lisa Parrilla, Public Stenographer Kazazes & Associates 250 East Hartsdale Avenue Hartsdale, NY 10530 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Negrin at 8:19 PM. He circulated a current newspaper article and the March minutes to the Board members so that they could see his comments. Mr. Negrin also stated that the Board members should, when an application is carried over, consult with the Secretary, Building Inspector and Counsel so that the findings will be complete. The Secretary read the application as follows. APPLICATION NO. 1 - CASE 1089 Application of Mr. and Mrs. Dominick Ruggiero, 10 Garit Lane, adjourned from March 25, 1992. Dominick Ruggiero appeared on behalf of his application. He stated that he had met with Mr. Jakubowski and revised the plans for the deck. He submitted plans for a smaller deck with two levels and steps off of the deck. Mr. Jakubowski stated that with the new design the rear neighbors are less impacted. On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined April 29, 1992 -2- by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously (4-0) adopted. WHEREAS, Mr. and Mrs. Dominick Ruggiero have submitted an application to the Building Inspector, together with plans, to construct a rear deck and kitchen addition on the premises located at 10 Garit Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Lot 150; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-36 B(3) and 89-36 B(2)(a); and WHEREAS, Mr. and Mrs. Ruggiero submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds. 1. The applicant has amended his original application to reduce to the minimum extent the impact this variance would have on the surrounding area. 2. The rear yard is damp and low; it is difficult to use. 3. The lot is irregular in shape, and the topography is awkward. 4. The deck makes the yard usable. 5. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 6. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not April 29, 1992 -3- be injurious to the neighborhood or otherwise detrimental to the public welfare. 7. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-36 B(3) and 89-36 B(2)(a) of the Zoning Ordinance be varied and modified so as to allow a kitchen addition and rear deck on the premises located at 10 Garit Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Lot 150 in strict compliance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town. Law. L J.. The Secretary read the application. APPLICATION NO. 2 - CASE 1093 Application of Dr. James J. Simone requesting an extension of time for a variance granted June 26, 1991 which permitted expansion of an existing professional office space. Said expansion requires, pursuant to Sections 89-65 and 89-66 A, two (2) additional parking spaces in an RTA Zone District on the premises located at 14 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Lot 150.38. Dr. Simone appeared. He explained that he had made arrangements to buy two rooms of a neighboring apartment to enlarge his professional office. He has not yet received title to the rooms so the condominium board would not change the floor plan. Dr. Simone requested an extension of the variance granted in June. Mr. Gunther entered the meeting at this time. On motion of Mr. Wexler, seconded by Mr. Simon,the following resolutions were adopted 4-0-1, Mr. Gunther abstaining. WHEREAS, Dr. James J. Simone has submitted a request to the Building Inspector, together with plans, for extension of the period of time for a variance on the premises located at 14 North Chatsworth Avenue April 29, 1992 -4- and known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Lot 150.38; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-65 and 89-66A; and WHEREAS, Dr. Simone submitted an application for a extension of the variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds. 1. The conditions of the application have not changed. 2. The applicant finds himself in this situation through no fault of his own. 3. The applicant has made every effort to complete the process. 4. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 5. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 6. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-65 and 89-66 A of the Zoning Ordinance be varied and modified so as to allow an extension of time for the variance granted for the premises located at 14 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Lot 150.38 in strict compliance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is April 29, 1992 -5- FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 3 - CASE 1094 The Secretary read the application. Application of Mr. & Mrs. E. Bendix requesting a Certificate of Occupancy for a garage with a side yard of 2.45 ft. where 5.0 ft. is required pursuant to Section 89-35 B (3)(b) for a residence in an R-6 Zone District on the premises located at 6 Harmony Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Lot 441. Helga Bendix appeared on behalf of the application. She stated that a discrepancy was discovered in the measurements for the garage when a survey was made after the variance for the garage was granted in October, 1991. On motion of Mr. Gunther, seconded by Mr. Kelleher, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Gunther, seconded by Mr. Kelleher, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. Edward Bendix have submitted an application to the Building Inspector, together with plans, to obtain a Certificate of Occupancy for the three-car garage on the premises located at 6 Harmony Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Lot 441; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-35B (3)(b); and April 29, 1992 -6- WHEREAS, Mr. and Mrs. Bendix submitted an application for a Certificate of Occupancy to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons. interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds. 1. There would be an enormous expense and hardship to move the garage. 2. There is no other practical area to place the garage. Behind the garage there is a steep grade with large outcroppings of rock. 3. The garage has been in this space since 1934, at least. 4. The applicant purchased the house in 1968 without knowledge of the lack of a Certificate of Occupancy. 5. The structure is 127 feet from the street. 6. The case arose because of additional technical information, namely a survey. 7. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 8. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 9. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a Certificate of Occupancy is hereby granted and that Section 89-35 B (3)(b) of the Zoning Ordinance be varied and modified so as to grant a Certificate of Occupancy on the premises located at 6 Harmony Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Lot 441 in strict compliance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is April 29, 1992 -7- FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 4 - CASE 1095 The Secretary read the application. Application of Mr. and Mrs. Michael Ferencsik requesting a variance from Section 89-33 B(1) to retain an enclosed porch with a front yard of 21.25 ft. where 30.0 ft. is required; and, further, the porch increases the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-10 Zone District on the premises located at 58 Moran Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Lot 51. Mrs. Ferencsik appeared. She stated that when the house was bought in 1976 a similar existing porch was very dilapidated and a hazard. The Ferencsiks replaced the porch in 1986 not realizing a permit was necessary. The porch is adjacent to a kitchen and behind a little study. There is a seventeen foot side yard. On motion of Mr. Gunther, seconded by Mr. Wexler, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. Michael Ferencsik have submitted an application to the Building Inspector, together with plans, to retain an enclosed porch on the premises located at 58 Moran Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Lot 51; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-33 B(1) and 89-57; and April 29, 1992 -8- WHEREAS, Mr. and Mrs. Ferencsik submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication. of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds. 1. A previous porch was in this location. 2. The front of the porch encroaches no more into the front yard than the original porch. 3. The porch is small in scale when compared to the house. 4. The porch suits the house. 5. The area within the setback in only a 72 square foot intrusion. 6. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 7. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 8. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-33 B (1) and 89-57 of the Zoning Ordinance be varied and modified so as to allow a the retention of an enclosed porch on the premises located at 58 Moran Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Lot 51 in strict compliance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is April 29, 1992 -9- FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 5 - CASE 1096 Application of Mr. and Mrs. Thurston Hartford requesting a variance from Sections 89-35 B(2)(b) and 89-35 B(3) to retain a rear deck with a total side yard of 16.0 ft. where 18.0 ft. is required and a rear yard of 23.7 feet where 25.0 is required. Further, the deck increases the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-6 Zone District on the premises located at 3 Orsini Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Lot 677. James Fleming, architect, appeared with the Hartfords. He stated that the Building Department had discovered that the deck had been misbuilt. It had been aligned with a non-conforming part of the house. It was noted that no variance would be necessary if the stairs had been built out into yard. On motion of Mr. Gunther, seconded by Mr. Wexler, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. Thurston Hartford have submitted an application to the Building Inspector, together with plans, to retain a rear deck on the premises located at 3 Orsini Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Lot 677; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-35 B(2)(b), 89-35 B(3) and 89-57; and WHEREAS, Mr. and Mrs. Hartford submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; April 29, 1992 -10- NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds. 1. The variance requested is minimal. 2. The intrusion is minimal, also. 3. The deck is within 8 feet of one side yard and far greater than 10 feet from the other side yard. 4. The entire deck area is well screened from neighbors. 5. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 6. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 7. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-35 B (2)(b), 89-35 B(3) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the retention of a rear deck on the premises located at 3 Orsini Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Lot 677 in strict compliance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be. void if construction is not started within six months and completed within two years of the date of said permit; , and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 7 - CASE 1098 Application of Mr. and Mrs. James Vardell requesting a variance from Section 89-32 B (3) to enclose a porch with rear yards of 21.0 ft. and 16.4 ft. respectively where 25.0 is required, and further the enclosure April 29, 1992 -11- increases the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-15 Zone District on the premises located at 18 Althea Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 106 Lot 417. Ned Stoll, architect, appeared with the Vardells. He stated that the house is burdened by three front yards and that the Vardells want to enclose two existing porches, one of which requires Zoning Board approval. On motion of Mr. Wexler, seconded by Mr. Gunther, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed. action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. James Vardell have submitted an application to the Building Inspector, together with plans, to enclose a porch on the premises located at 18 Althea Lane and known on the. Tax Assessment Map of the Town of Mamaroneck as Block 106 Lot 417; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-32 B(3) and 89-57; and WHEREAS, Mr. and Mrs. Vardell submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds. 1. The lot is burdened with three front yards. 2. A structure already exists; there will be no change in the footprint. April 29, 1992 -12- 3. The structure is a small intrusion. 4. The proposed encroachment meets the requirements for a side yard. 5. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 6. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 7. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-32 B and 89-57 of the Zoning Ordinance be varied and modified so as to allow an enclosed porch on the premises located at 18. Althea Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 106 Lot 417 in strict compliance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 8 - CASE 1099 The Secretary read the application. Application of Andrew Gutstein requesting a variance from Section 89-32 B (3) to construct a deck with a rear yard of 21.5 ft. where 25.0 ft. is required for a residence in an R-15 Zone District on the premises located at 8 Addee Circle and known on the Tax Map of the Town of Mamaroneck as Block 104 Lot 273. Mr. Gutstein appeared and apologized to the Board for missing the last meeting. He stated that a smaller deck had been designed. He reminded the Board that his back yard is unusable because a great deal of water drains into it. April 29, 1992 -13- On motion of Mr. Wexler, seconded by Mr. Gunther, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously adopted. WHEREAS, Andrew Gutstein has submitted an application to the Building Inspector, together with plans, to construct a rear deck on the premises located at 8 Addee Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 104 Lot 417; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-32 B (3); and WHEREAS, Mr. Gutstein submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds. 1. The applicant has revised his application to reflect a minimum variance. 2. The wet nature of the rear yard makes it use very difficult. 3. There is a huge hill behind the house. 4. Because of the circular nature of the cul-de-sac, the deck is invisible from the rear yards of the adjacent neighbors. It is 20 feet below grade from the rear-yard neighbors 5. The lot is irregularly shaped. 6. The deck, which is 38 square feet, will have very little impact on the large rear yard. April 29, 1992 -14- 7. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 8. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental .- - to the public welfare. 9. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 89-32 B(3) of the Zoning Ordinance be varied and modified so as to allow a rear deck on the premises located at 8 Addee Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 104 Lot 273 in strict compliance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance, the building -permit -shall be void if construction is not started within six months. and completed within two years of the date of said permit; and it is - FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided -in Section 267 of the Town Law. AAAAA APPLICATION NO. 6 - CASE 1097 The Secretary read the application. Application of Mr. and Mrs. .Ray Haas requesting a variance from Section 89-44 A to construct a spa and on-grade deck with a rear yard of 0.0 feet where 5.0 ft. is required. Further, the deck increases the extent by which the building fails to meet such area requirements pursuant to Section 89-57 for a residence in an R-7.5 Zone District on the premises located at 26 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 222 Lot 430. Robert Immerman appeared with Mr. and Mrs. Haas. He stated that a spa is necessary for both applicants as they have back problems. The yard - includes rock outcroppings and has a dropoff of 18 feet. Mr. Immerman explained that the design will allow for good drainage. The yard next door has_-a 'great deal of open space and backs up on the Leatherstocking - Trails. Mr. Immerman submitted favorable letters from 3 adjacent neighbors which will become part of the record. April 29, 1992 -15- On motion of Mr. Gunther, seconded by Mr. Kelleher, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Simon, seconded by Mr. Gunther, the following resolutions were unanimously adopted. WHEREAS, Mr. and Mrs. Ray Haas have submitted an application to the Building Inspector, together with plans, to construct a spa and on-grade deck on the premises located at 26 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 222 Lot 430; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-44 A and 89-57; and WHEREAS, Mr. and Mrs. Haas submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds. 1. The rear yard is small; the proposed deck and spa will enhance it. 2. There are no objections from rear yard neighbors. 3. The deck will be constructed at grade. 4. The parcel is burdened by a steep slope. 5. The yard abuts an open yard which is adjacent to the Leatherstocking Trails. 6. The deck is tastefully designed and blends into the existing environment. April 29, 1992 -16- 7. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 8. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 9. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-44 A and 89-57 of the Zoning Ordinance be varied and modified so as to allow a spa and on-grade deck on the premises located at 26 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 222 Lot 430 in strict compliance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPROVAL OF MINUTES On motion of Mr. Kelleher, seconded by Mr. Simon, the minutes for the meeting of March 25, 1992 were unanimously approved. ADJOURNMENT On motion of Mr. Wexler, seconded by Mr. Simon, the meeting was adjourned at 9:55 PM. Bonnie M. Burdick